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(Revised 11/1/07 ML #3115)
Adequate Notice
An applicant or recipient must receive adequate notice of any decision made regarding his or her TANF benefit or application for assistance. "Adequate" means a written notice that includes a statement of the action the county social service office intends to take, the reasons for the intended action, the specific reference(s) supporting such action, the right to a fair hearing, and the circumstances under which assistance is continued if a hearing is requested. Adequate notice must be mailed no later than the close of business on the third to the last working day of a month, so it is received by the household no later than the date the household would normally receive benefits.
Adequate Notice of a Sanction
To ensure that the household is provided notice of the sanction prior to the reduction of the TANF benefit, the TANF case manager must create and send a TANF Sanction Notice no later than the close of business on the third to the last working day of a month. This will allow the household to receive the sanction notice no later than the date it would normally receive its TANF benefit.
The sanction notice addresses case closure for non-cooperation with Child Support Enforcement and the JOBS Program. The household will not receive an additional closing notice upon case closure.
Timely (Advance) Notice of Adverse Actions
With the exceptions outlined later in this section, each household must receive a timely (advance) notice of any proposed action that would adversely affect eligibility or TANF benefit amount. "Timely" means that a written notice of a planned termination, reduction, or suspension of a TANF benefit must be mailed at least ten (10) days in advance of the date on which the action would be taken. This gives the household an opportunity to discuss the situation with staff, obtain further explanation or clarification of the proposed action, or present facts to show that the planned action is incorrect. The household member(s) may appear on their own behalf or be represented by legal counsel, relative, friend, or any other spokesperson of their choice.
Timely (Advance) Notice When Probable Fraud Exists
When staff obtain facts through objective collateral sources indicating the likely existence of fraud, timely notices of proposed termination, reduction, or suspension need be mailed only five (5) days in advance of the date the action is to be taken. This shorter period allows for prompt corrective action when probable fraud situations are uncovered.
Exceptions to Timely (Advance) Notice Requirements
The county social service office may dispense with the timely notice when:
Factual information exists confirming the death of a household member or of the payee when there is no other relative to serve as new payee;
Information furnished by the primary individual in a monthly report calls for the reduction or termination of benefits, or the primary individual fails, without good cause, to submit a complete or timely monthly report;
The primary individual provides a signed, clearly written statement (other than monthly report) providing information that requires a termination, reduction, or suspension;
A household member enters a state institution, occupants of which cannot legally receive public assistance;
The primary individual's whereabouts are unknown and mail directed to him or her is returned by the post office indicating no forwarding address. The TANF benefit must, however, be made available if the whereabouts become known during the payment period covered by the returned check;
There is factual information that responsibility for providing assistance has been accepted by another state or jurisdiction;
A child in the household is placed in foster care or a child removed by court order;
A special needs allowance is terminated at the end of a specified period;
Reduction of benefits due to a child support or JOBS sanction; or
There is factual information the household is no longer a resident.
